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Employment Law

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At my work we are starting a 12 hr hour shift 6pm to 6:15am,

Customer Question

they r requiring us to...

At my work we are starting a 12 hr hour shift 6pm to 6:15am, they r requiring us to be there at 5:45pm to have a preshift, after that they want us to clock in at 6:pm and start work, if they are telling us to be there ready to work by 5:45pm shouldn't we be getting paid for those 15 minuntes?

I hope this message finds you well. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.

The answer is yes, if you are an hourly, non-exempt employee, if they are requiring you to be there at 5:45 then that time must be counted towards your hours worked, and even overtime if you go over 40 hours of work in one week. There is no other way around that simply fact, unless you are a salaried employee. If you are salaried, they can require you to do this without extra pay or credit. Tell them you have spoken with counsel (which you have now) and that the FLSA requires them to pay for this time from the moment they are supposed to be on site.

Let me know if you have any other questions or comments.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).